Outgoing President Trump May Face Significant Legal Exposure from 1/6 Riots
The January 6 riots were among one of the worst events in modern American history. It saw five people die, including one police officer, millions in damage, a scarred Congress, and a shattered faith in American democracy. Of course, the damages were much more serious than that, and the events - and President Trump's role in them - led to his second impeachment.
As President, Donald Trump has been shielded from significant legal and criminal exposure. However, that time is coming to an end - and this may mean major lawsuits, and potentially criminal charges - that stem from his role in inspiring the 1/6 events and failing to stop it.Â
Are Criminal Charges on the Horizon?
The President's role in the 1/6 riots is clear. For weeks leading up to the event, the President falsely blared that the election has been stolen from him, encouraging his supporters to lobby Congress and State Legislatures, and in many cases, using words that incited violence.
On 1/6, the President spoke to tens of thousands of his supporters, encouraging them to fight back and walk to Congress. Violence began almost immediately after, with supporters carrying Trump flags and other pro-Trump apparel.Â
Potential criminal charges for the President exist on multiple fronts. The top federal prosecutor in Washington, D.C., Michael Sherwin, has said that the U.S. Department of Justice is investigating anyone who had a role in inciting the riots and examining charges against any of those individuals. When asked about potential charges for Trump, Sherwin repeatedly refused to rule out charges against the President for his actions. It is also possible that others close to the President - including his son and attorney, Rudy Giuliani - may face exposure as well. Dozens have been charged already, and that number will unquestionably continue to expand.Â
Charges of inciting riots have been used against individuals who spoke at events that lead to riots. Trump used phrases like "fight harder" in his 1/6 speech. According to numerous media reports, he then sat and watched TV as his supporters stormed the Capitol, refusing to do anything to diffuse the situation, and only sending out a couple of tweets when advisors reminded him of his potential legal exposure for the event. He has since urged his supporters against violence, but that may be too little, too late.
Civil Exposure
Criminal charges stemming from the President's role on 1/6 may be more difficult, but civil charges are extremely possible. These would come from the President's same actions, as it is extremely clear he could have done more to not only stop the riots from ever happening but then stopping the riots once they started. The damage from the event will likely be long-lasting, and it is very possible that people will require extensive, long-term medical care due to injuries sustained that day. In a bizarre twist, it is even possible that Trump supporters injured or killed in the event could hold the President legally liable for their deaths.Â
A Self-Pardon?
As has been noted by multiple media sources, President Trump has explored the option of a self-pardon, using his virtually unlimited power to pardon himself for his role in any crimes that he could be charged with.
However, this is not as easy as it sounds. First, there are huge questions about whether a self-pardon is even legal, and such a move would inevitably wind up tied up in court for months, if not years.
Second, the pardon power only applies to federal charges - not state charges. It is still very possible for the President to be charged by another state, and there's nothing he can do about it.
Third: A self-pardon makes it more likely that Trump would face civil charges. Yes, a pardon may protect the President from some criminal liability. But issuing a self-pardon is essentially an admission of guilt. And an admission of guilt would almost certainly make civil damages more likely. Thus, the President is in a bind. A self-pardon may provide some criminal immunity, but it could hit him in a place that hurts even more: His wallet.
This situation could go a variety of ways. The only thing that is clear is this: The President is not likely to escape accountability for his role in the 1/6 tragedy.Â